Consumers have many more options for obtaining and reproducing media now than in the past. In particular, portable devices provide multiple options for accessing and playing media, such as audio and video downloads, various types of media from web sites, and so on.
There is also a convergence of personal communications capabilities and multimedia options in a single portable device, such as a cellular telephone, a personal digital assistant, and the like. Increasingly, consumers are accessing and consuming media “on the go” and out-of-home using such portable devices, and as the quality of media presented by such devices is improved, it can be expected that such mobile consumption of media will increase. These trends in media usage require new techniques for monitoring exposure to media, techniques that will enable data gathering encompassing various types of media and ways of presenting media to consumers.
Dedicated portable monitoring devices have been developed including the hardware and software required to monitor exposure to audio media. It has been proposed to monitor exposure of consumers to audio media by incorporating monitoring software in a cellular telephone, making use of the cellular telephone's hardware, including its microphone, CPU, memory capacity and communications capabilities. However, since cellular telephones and other personal user appliances are not designed for the purpose of sampling the exposure of consumers to audio media, but rather this is an ancillary function to their basic communications operations, the hardware and operating system of the device cannot necessarily be substituted for that of a dedicated monitoring device without encountering unforeseeable technical problems.
For this application the following terms and definitions shall apply:
The term “data” as used herein means any indicia, signals, marks, symbols, domains, symbol sets, representations, and any other physical form or forms representing information, whether permanent or temporary, whether visible, audible, acoustic, electric, magnetic, electromagnetic or otherwise manifested. The term “data” as used to represent predetermined information in one physical form shall be deemed to encompass any and all representations of corresponding information in a different physical form or forms.
The terms “media data” and “media” as used herein mean data which is widely accessible, whether over-the-air, or via cable, satellite, network, internetwork (including the Internet), print, displayed, distributed on storage media, or by any other means or technique that is humanly perceptible, without regard to the form or content of such data, and including but not limited to audio, video, text, images, animations, databases, files, broadcasts, displays (including but not limited to video displays, posters and billboards), signs, signals, web pages, print media and streaming media data.
The term “presentation data” shall mean media data or content other than media data to be presented to a user.
The term “research data” as used herein means data comprising (1) data concerning usage of media, (2) data concerning exposure to media, and/or (3) market research data.
The terms “gather” and “gathering” as used herein include both directly gathering data with the use of a device as well as emitting data from a device that causes or enables another device to gather data.
The term “research operation” as used herein means an operation comprising gathering, storing and/or communicating research data.
The term “database” as used herein means an organized body of related data, regardless of the manner in which the data or the organized body thereof is represented. For example, the organized body of related data may be in the form of a table, a map, a grid, a packet, a datagram, a file, an e-mail, a message, a document, a list or in any other form.
The term “network” as used herein includes both networks and internetworks of all kinds, including the Internet, and is not limited to any particular network or internetwork.
The terms “first,” “second,” “primary,” and “secondary” are used herein to distinguish one element, set, data, object, step, process, function, action or thing from another, and are not used to designate relative position, arrangement in time or relative importance, unless otherwise stated explicitly.
The terms “coupled,” “coupled to,” and “coupled with,” as used herein each mean a relationship between or among two or more devices, apparatus, files, circuits, elements, functions, operations, processes, programs, media, components, networks, systems, subsystems, and/or means, constituting any one or more of (a) a connection, whether direct or through one or more other devices, apparatus, files, circuits, elements, functions, operations, processes, programs, media, components, networks, systems, subsystems, or means, (b) a communications relationship, whether direct or through one or more other devices, apparatus, files, circuits, elements, functions, operations, processes, programs, media, components, networks, systems, subsystems, or means, and/or (c) a functional relationship in which the operation of any one or more devices, apparatus, files, circuits, elements, functions, operations, processes, programs, media, components, networks, systems, subsystems, or means depends, in whole or in part, on the operation of any one or more others thereof.
The terms “communicate,” and “communicating” as used herein include both conveying data from a source to a destination, and delivering data to a communications medium, system, channel, device, wire, cable, fiber, circuit or link to be conveyed to a destination, and the term “communication” as used herein means data so conveyed or delivered. The term “communications’ as used herein includes one or more of a communications medium, system, channel, device, wire, cable, fiber, circuit and link.
The term “processor” as used herein means processing devices, apparatus, programs, circuits, components, systems and subsystems, whether implemented in hardware, software or both, and whether or not programmable. The term “processor” as used herein includes, but is not limited to computers, hardwired circuits, signal modifying devices and systems, devices and machines for controlling systems, central processing units, programmable devices, field programmable gate arrays, application specific integrated circuits, systems on a chip, systems comprised of discrete elements and circuits, state machines, virtual machines and combinations of any of the foregoing.
The terms “storage” and “data storage” as used herein mean data storage devices, apparatus, programs, circuits, components, systems, subsystems and storage media serving to retain data, whether on a temporary or permanent basis, and to provide such retained data.
The terms “panelist,” “panel member” and “participant” are interchangeably used herein to refer to a person who is, knowingly or unknowingly, participating in a study to gather information, whether by electronic, survey or other means, about that person's activity.
The term “household” as used herein is to be broadly construed to include family members, a family living at the same residence, a group of persons related or unrelated to one another living at the same residence, and a group of persons living within a common facility (of which the total number of unrelated persons does not exceed a predetermined number), such as a fraternity house, an apartment or other similar structure or arrangement.
The term “portable user appliance” (also referred to herein, for convenience, by the abbreviation “PUA”) as used herein means an electrical or non-electrical device capable of being carried by or on the person of a user or capable of being disposed on or in, or held by, a physical object (e.g., attache, purse) capable of being carried by or on the user, and having at least one function of primary benefit to such user, including without limitation, a cellular telephone, a personal digital assistant (“PDA”), a Blackberry device, a radio, a television, a game system (e.g., a Gameboy® device), a notebook computer, a laptop computer, a GPS device, an iPod® device, a DVD player, a walkie talkie, a personal communications device, a telematics device, a remote control device, a wireless headset, a wristwatch, a portable data storage device (e.g., Thumb™ drive), a camera, a recorder, a keyless entry transmitter device, a ring, a comb, a pen, a pencil, a notebook, a wallet, a tool, an implement, a pair of glasses, an article of clothing, a belt, a belt buckle, a fob, an article of jewelry, an ornamental article, a pair of shoes or other foot garment (e.g., sandals), a jacket, and a hat, as well as any devices combining any of the foregoing or their functions.
The term “activation message” as used herein shall mean data comprising at least one of (1) an activation command for a PUA for activating a capability of the PUA to perform a research operation, (2) activation data for a PUA for enabling and/or providing a capability of the PUA to perform a research operation, (3) visual display data for a PUA including a message soliciting participation of a user of the PUA in a research operation, (4) activation request data for a PUA requesting activation, enablement or installation of a capability thereof to perform a research operation, (5) a message for a user of a PUA requesting an action thereof to activate, enable and/or install a capability of the PUA to perform a research operation, and/or providing instructions for participating in a research operation automatically by means of a PUA, (6) a message for a user of a PUA providing or offering to provide a benefit to the user in exchange for the user's participation in a research operation, and (7) a message to a PUA and/or a user of a PUA requesting communication of a participation message in response.
The term “maintenance message” as used herein shall mean data comprising at least one of (1) a test command for a PUA to control an operation thereof to test its operational status or ability to perform a research operation, (2) test data for a PUA to establish, enable or provide a capability thereof to test its operational status or ability to perform a research operation, (3) a message requesting a response from a user of a PUA identifying such user, and/or providing demographic or other user-specific data of the user, (4) a message requesting system data of the PUA, and (5) a command or request for a PUA to perform a research operation.
The term “termination message” as used herein shall mean data comprising at least one of: (1) a deactivation message for a PUA to deactivate a capability thereof to perform a research operation; (2) a deactivation message for a user of a PUA instructing them to deactivate a capability of the PUA to perform a research operation; and (3) providing a benefit to a person as a final consideration for the person's previous participation in a research operation, or notifying the person that such a benefit will be or has been provided.
The term “participation message” as used herein shall mean data comprising at least one of (1) research data gathered automatically by a PUA, (2) a message from a PUA indicating an operational status or ability thereof to perform a research operation, or providing results of a test of such operational status or ability, (3) a message from a user of a PUA concerning participation of the user in a research operation by means of a PUA, or ancillary to such participation, such as concerning a benefit provided to the user for such participation or indicating activation or deactivation of an ability of a PUA to perform a research operation, (4) a message from a user of a PUA identifying such user and/or providing demographic and/or other user-specific data of the user, (5) a message providing system data of the PUA, (6) a message from a benefit provider concerning a benefit provided or to be provided to a user of a PUA for participation in a research operation, such as a message indicating receipt of a benefit request or a termination message requesting a benefit, and (7) a message from a PUA indicating receipt thereby of an activation message, a maintenance message or a termination message.